The role of the high court in the uniform application of the law in Albania
The ultimate goal of legal certainty is to ensure predictability in the implementation of the legislation. Different application of the same legal provision or different interpretation by the court of the same issue undermine the principle of equality. The different application of the same provision weakens the integrity of law itself as a basis to […]
(In)Consistent Application of the Law and the Judicial Culture in Serbia
Consistent judicial application of the law is one of the most important components of the rule of law. It includes both sufficiently reasoned and uniformly applied case law. The pertinence of the consistent judicial application of the law is confirmed by the opinions of the Consultative Council of the European Judges on the Quality of […]
Infographic: Intimidation and self-constraints are far more dominant than the sense of independence and judicial creativity among judges
In the Western Balkan the judges are generally aware of their independence and integrity but they are also aware of the improper influences on them of different centers of power. Consequently, intimidation and self-constraints are far more dominant than the sense of independence and judicial creativity among judges. See how that affects their work.
Europeanisation of judicial culture in the Western Balkans discussed in Den Haag as part of regional MATRA research
The Institute for Democracy (IDSCS) and Asser Institute co-organised an advocacy visit and promotional event from 20-23 June in the Hague, Netherlands. The purpose of the advocacy visit was to examine to which extent the features of the judicial culture in the Western Balkans diverge from more developed judicial systems such as the Dutch and […]
Judicial self-governance in Albania
Since after the collapse of communist system Albania has had three different judicial councils. The first judicial council was established after the fall of communism in 1992, following the models of other post-communist countries in the CEE. The second judicial council was established by the 1998 Constitution, with the aim to strengthen and improve the […]
Video: Why is the judiciary in North Macedonia, Albania and Serbia not independent yet?
Why the judiciary in North Macedonia, Albania and Serbia is still heavily influenced by the legislative and the executive power, even though there are good legal guaranties for true independence of the judges? See what researchers from Skopje, Tirana and Belgrade have to say on the independence of the judiciaries in the region, as part […]
Judicial self-governance and judicial culture in Serbia
The 2021 – 2022 Constitutional Reform in Serbia was publicly advocated and justified with the argument of protecting the Serbian judiciary and Prosecutor’s Office from excessive influence of the political branches of government. The primary focus was on the status and powers of the High Council of Judiciary and of its prosecutorial pendent, as well […]
Separate but not Independent: The (In)Compatibility of the Judicial Culture with Judicial Self-Governance in North Macedonia
Analyzing the case of North Macedonia, a country which was the first in the region to align its constitutional and legal framework with the European standards and requirements, this paper covers the second dimension of the judicial culture, namely its (in)compatibility with judicial self-governance. Basing the argumentation on the main features of the judicial culture […]
Conclusions and recommendations on judiciary self-governance in Albania
Conclusions and recommendations on judiciary self-governance in Albania